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SHAAN....... (Freelancer)     27 August 2009

Vacate a shop from tenent

Hi!

I would like to know that Can a Father file a suit to vacant a shop for the need of his childern ?

If the childern are both matured & have attained the maturity age having the basic qualification(i.e. Graduation) & have no other work to do for earning their living themselves.

They want to open a shop of there own for starting a new business or shop.

I have heard that recently there is an amendment in the Law which allows a owner to vacant the property by filing a case for the need of that property as a bonafide requirement as in the above case. Is the amendment is really made?

 

Kindly suggest on the above topic.

THANKS



Learning

 2 Replies

H. S. Thukral (Lawyer)     28 August 2009

Yes You can get the premises vacated if the same or required for bonafide requirement of self or any famiily member dependent upon you. In some states, the rent control act did not discriminate between the tenancies for commercial or non commercial purposes. In Delhi Rent Control Act, the section 14 (1) e, wherein a landlord could get back the tenanted premises back if required for bonafide purposes discriminated residential and non residential premises. Holding that this was violative of doctrine of equility as enshrined in Article 14 of Constitution, the Sc in the case of Satyawati v Union of India ( April 2008) struck down the discrimination.    

SHAAN....... (Freelancer)     28 August 2009

Thanks for your Quick reply Kindly advice that I am from Karnal Distt. in Haryana State so, will the rent control Act be same in this state?

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